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CARSON v. HERE'S JOHNNY PORTABLE TOILETS, INC.

No. 85-1447.

810 F.2d 104 (1987)

John W. CARSON d/b/a/ Johnny Carson; Johnny Carson Apparel, Inc., Plaintiffs-Appellees, v. HERE'S JOHNNY PORTABLE TOILETS, INC., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 26, 1987.

Attorney(s) appearing for the Case

Allen M. Krass, argued, Krass and Young, Troy, Mich., for defendant-appellant.

Robert M. Newbury, argued, Chicago, Ill., Edward G. Wierzbicki, Michael P. Coakley, Detroit, Mich., for plaintiffs-appellees.

Before JONES and NELSON, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

PER CURIAM.

In an earlier published opinion, Carson v. Here's Johnny Portable Toilets, Inc., 698 F.2d 831 (6th Cir.1983), this court held that under Michigan law Johnny Carson, one of the plaintiffs herein, has a "right of publicity" in the phrase "Here's Johnny." This case was remanded to the district court, 498 F.Supp. 71, for a determination of appropriate relief, the defendant having...

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